Posted on 06/28/2009 2:22:47 PM PDT by kellynla
WASHINGTON – A closely watched discrimination lawsuit by white firefighters who say they have unfairly been denied promotions is one of three remaining Supreme Court cases awaiting resolution Monday.The court also will say goodbye to Justice David Souter who has announced he will retire "when the court rises for the summer recess."
The court intends to finish its work for the summer that day, Chief Justice John Roberts said.
Sonia Sotomayor, nominated to take Souter's place, was one of three appeals court judges who ruled that officials in New Haven, Conn., acted properly in throwing out firefighters' promotions exams because of racially skewed results.
The city says it decided not to use the test scores to determine promotions because it might have been vulnerable to claims the exam had a "disparate impact" on minorities in violation of the Civil Rights Act of 1964. The white firefighters said the decision violated the same law's prohibition on intentional discrimination.
The opinion that Sotomayor endorsed has been criticized as a cursory look at a tough issue. Among the critics are fellow judges on the 2nd U.S. Circuit Court of Appeals in New York. Her defenders have said the short opinion properly applied earlier cases from that appeals court.
The outcome of the case could alter how employers in both the public and private sectors make job-related decisions.
The other two unsettled cases involve campaign finance law and states' ability to investigate alleged discrimination in lending by national banks.
{snip}
In addition to the three pending decisions, the court also is expected to announce whether it will hear several important cases in its term that begins in October.
(Excerpt) Read more at newsmax.com ...
“Sonia Sotomayor, nominated to take Souter’s place, was one of three appeals court judges who ruled that officials in New Haven, Conn., acted properly in throwing out firefighters’ promotions exams because of racially skewed results.”
There are qualified people to serve on SCOTUS than the affirmative-action “didn’t make good enough grades” educated Sotomayor.
Looks like the Chief Justice has forgotten about his promise to Orly Taitz.
In other words, the minorities who took the tests couldn't pass but were given the job anyway because that is what the people in charge wanted. Nahhh, no discrimination there/SAR
No, the racist Mayor wants the results tossed and a new test conducted. Based on the pleadings in the US Supreme Court and oral arguments, I believe the white, and one hispanic firefighters are going to win. My only concern is that it might be a very close vote because it hasn't been decided yet.
Good Bye Souter. Don’t let the door hit you on the way out. Gone but soon forgotten.
I think the victory may be partial. The SC will return the case to the lower court with some vague instructions about reconsideration. If the current court does not establish the illegality of racial preferences, the emerging liberal court will establish defacto quotas. One more judge like the racist Sonia Sotomayor to replace one of the five will be enough for the court to establish a system of hard quotas.
Souter’s appointment to the Supremes has to be one of GHWB’s biggest mistakes!
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